State To Drop Case Against Former Grocer

Charges will be dropped against a former Delray Beach grocer accused of dealing in stolen cigarettes, a prosecutor said on Friday.

The case against Roberto Chang was substantially weakened this week when a judge ruled that evidence -- specifically, the cigarettes police claim were stolen -- could not be used against him.

Circuit Judge Michael Miller ruled that Delray Beach police had unlawfully searched Chang`s D`s Grocery in August 1988, when they seized cigarettes with unmatching tax stamps, because they did not have a search warrant. Miller said he thought police brought along an agent with the Bureau of Alcohol, Tobacco and Firearms who did have the authority to search without a warrant, so they could avoid getting a search warrant.

In a hearing on Friday morning before the trial scheduled next week, Assistant State Attorney Alethea McRoberts said she would drop the charge.

The felony charge against Chang came after agents initiated action that would result in the seizure of the store because they claimed Chang did not do enough to thwart drug dealing outside.